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Insurance | Illinois Central
Order on Motion for Leave to File ~Util - Set/Reset Deadlines/Hearings
ORDER entered by Judge Sara Darrow on June 18, 2026. Defendant Deere and Company's 20 motion for leave to file a reply is DENIED and its 18 motion to dismiss Plaintiff Leroy Workman's amended complaint is DENIED IN PART and the remainder is CONVERTED into a motion for summary judgment. For efficiency's sake, the Court will treat Deere's motion to dismiss as a motion for summary judgment on the issues of: (1) whether the express warranty disclaimed any implied warranty of merchantability and (2) whether an adequate remedy at law bars Workman's unjust enrichment claim. When treating a motion to dismiss as a motion for summary judgment, "[a]ll parties must be given a reasonable opportunity to present all material that is pertinent to the motion." Fed. R. Civ. P. 12(d). Therefore, the Court will allow the parties an additional opportunity to present and support their positions. If Workman wishes to submit further evidence or argument in support of his assertions that (1) the express warranty did not disclaim an implied warranty of merchantability and (2) no other adequate remedies at law are available to him, he must do so by July 2, 2026. Deere may reply to Workman's submission within fourteen days of its filing. (JSH)
Contract: Other | Iowa Southern
Order (Seal Entry Optional)
TEXT ORDER. In light of 18 the Notice of Filing Bankruptcy by Defendant, all pretrial deadlines, the final pretrial conference, and trial dates are continued until further order of the Court. Signed by Magistrate Judge William P. Kelly on 3/25/2026. (kgs) Modified on 3/25/2026 to correct text (kgs).
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